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#156869 - 07/22/05 01:40 PM Unemployment  
stews  Offline
Junior Member
Joined: Jul 2005
Posts: 1
I am a contractor in IL, and I have some employees who I want to let go for reasons. What are the laws and how does unemployment work. What about if they are always screwing up? Can they still collect unemployment against me. I don't want to have them collect unployment againt me b/c I know when they get fire they are going to take all advantage. On has plans to travel europe on there unemployment check. Please help.

Business, Office, Estimating, Legal:

#156870 - 07/22/05 04:27 PM Re: Unemployment  
copper  Offline
Junior Member
Joined: Apr 2005
Posts: 32
maybe start bidding crap work like trenching, acctic work, make them use personal vechicles and have the work far away so its not praticle to work and give them a b.s. excuse that gas it to much, and maybe they will just go away. I had a conflict with my past employer and he just started to do the opposite of what i liked and it took about a year then i left. i know this comment is hard but its the trueth and you have to look out for your best interest. Good Luck let me know how you deal with it so i can learn.

"If your going to be stupid, You gotta be tough"

#156871 - 07/23/05 12:39 AM Re: Unemployment  
Tiger  Offline
Joined: May 2005
Posts: 706
Crystal Lake, IL USA
I know a landscaper that has had employees for years. When they come in late or don't show up he gives them a day off. If it has no effect, the next time he gives them 2 days off. He said that usually cuts into their check enough to get a reaction. If a guy is only working 3 days a week, he has 2 days to look for another job.


BTW, this is an Illinois landscaper.

#156872 - 07/23/05 12:56 AM Re: Unemployment  
BobH  Offline
Joined: Oct 2004
Posts: 135
Newfane, N.Y USA
Put it in writing, and have them sign it. A write up form. Each time they screw up, write em up. Get them 3 times on the same offense and it'll appear that they blatantly disregard company policies and they may not get unemployment. You may have to go to a hearing and all, but that's what I would do. Document everything and have them sign the form. Or who knows, it may scare em straight.

#156873 - 07/23/05 11:46 AM Re: Unemployment  
sjb  Offline
Joined: Apr 2005
Posts: 11
Wakefield, MA
We successfully contested the unemployment claim made by an employee whom we fired for excessive tardiness and insubordination. After a phone interview, I just faxed the list of dates the employee was late, notes from a warning meeting that took place 2 months before he was fired, and documentation of the final act of insubordination. I also included copies of the sections of our Employee Manual that states excessive tardiness and insubordination as reason for termination. Just the tardiness would have done it, though.

The key is, as BobH says: Document Everything! . FYI - we are in Massachusetts.

#156874 - 07/23/05 01:46 PM Re: Unemployment  
DougW  Offline
Joined: Jun 2003
Posts: 1,143
North Chicago, IL
IIRC, termination for cause carries different compensation than downsizing or other reasons.

Failure to be timely, insubordination, and several other causes can lead to term w/o unemployment bennies, according to my rumor mill.

(My web-fu kicked in - here are some rules per the Illinois Department of Employment Security)

Who qualifies for unemployment benefits?

Generally, to be found eligible for benefits, you must be unemployed through no fault of your own, have earned wages in "insured" employment, be available for new work, and be actively seeking work.

Can I be disqualified?

You may be disqualified from receiving benefits because you:

1) quit your job
2) were discharged for misconduct
3) refused suitable new employment
4) were involved in an ongoing labor dispute, or
5) you return to work.
There are other disqualifications, as well.

#156875 - 07/23/05 02:55 PM Re: Unemployment  
LK  Offline
Joined: Jan 2003
Posts: 1,429
New Jersey
"The key is, as BobH says: Document Everything! . FYI - we are in Massachusetts."

Most states have this requirement, Document, show cause.

#156876 - 07/23/05 09:32 PM Re: Unemployment  
BobH  Offline
Joined: Oct 2004
Posts: 135
Newfane, N.Y USA
Having the signature is crucial, at least in my experience. You should try to prove that the employee had been advised that his or her actions were not satisfactory and acknowledges this with a signature.

#156877 - 07/24/05 06:34 AM Re: Unemployment  
Scott35  Offline

Broom Pusher and
Joined: Oct 2000
Posts: 2,707
Anaheim, CA. USA
Hello Stews,
Sucks to hear your dilemma!

I agree with the others, as to the Company Policy issue being disregarded by these few Employees being a legitimate termination scenario. If they are aware of the penalties for not following the Policies, and repeatedly breach it, then this affects the Company overall - and also affects the Clients you do work for.

Hopefully you have an Employee Handbook, or other such manual covering the Company's Policies.
If you do not have this document, I suggest you compile one ASAP. Make it fair to both parties - Company and Employee, include all Policies (Attendance, Harassment of any kind, Confidentiality, Theft, Alcohol/Drug use, code of ethics, defaming the Company, Client relations, etc.) and present this to all Employees for their review (each gets their own copy).
Have each Employee sign a document which acknologes receiving, reading and understanding the policies contained within the handbook. Answer any questions prior to them signing the document.

One suggestion was to have documents regarding tardiness and excessive absences signed, which is the best method for both yourself (the "Company" and "You"), along with the Employee(s).
So far, there must have been at least one verbal warning, so the next steps are one written warning, then written 1 day off without pay, then written 2 days off without pay, then finally termination.
Each written document to be signed by parties involved, and maybe witnessed if you feel/need to go that much in detail.

These documents should have a "reasonable" time of accumulation included - meaning like in a 60 day time period, accumulating 5 inexcusable lates (define late being more than X minutes late to the job or Office), or X unexcused absences, results in termination.

If there are real, serious and legitimate reasons for these few Employees to be late / absent, plus they and you are willing to discuss it rationally at the time, and the Company has not been affected as result of their actions, and they are not trying to undermine the Company or Client, then work together to resolve this crucial issue.

If they could not care less about being late or absent, give them the signed and verbal warnings, days off, then the Pink Termination Check!

I am not sure about Illinois, but out here in Californication... errr,,, I mean California [Linked Image], it is an "At-Will Employment" State, so either party may terminate Employment at any time, for any reason - with or without cause.

Speaking of Employment in the "Great" State of Californication, this quoted statement is kind of funny:

One has plans to travel Europe on their unemployment check.

Out here, one may only collect 2/3 of their "Highest Quarter" for Unemployment, which is sent every two weeks.

Unless the Person was making $5,000 a week for no less than 12 consecutive weeks - and the Person also has almost no outgoing funds (rent, bills, food, etc.), and can have their Unemployment Checks sent to Europe - AND CASHED THERE TOO!!!, then that Person will be staying over there in Europe for a really long time... in a Cardboard Box, under a Freeway Overpass.

Feel free to pass on this "Travel Advise" to the would-be Traveler! [Linked Image]


edited to fix incorrect spelling of "affect" [Linked Image]

[This message has been edited by Scott35 (edited 07-24-2005).]

Scott " 35 " Thompson
Just Say NO To Green Eggs And Ham!

#156878 - 07/24/05 03:22 PM Re: Unemployment  
Alan Belson  Offline
Joined: Mar 2005
Posts: 1,803
Mayenne N. France
A Cardboard Box under an Freeway Overpass? - They'll be lucky! There's a two-year waiting list for that kind of luxury! [Linked Image]


Wood work but can't!

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